Living Essentials, LLC, the maker of the 5-hour ENERGY® products prevailed on appeal in the Oregon Court of Appeals in a consumer protection lawsuit filed by the State of Oregon. The State of Oregon had contended that certain labeling, marketing and advertising representations with phrases like “B-Vitamins for Energy” and “Amino Acids for Focus” mislead consumers regarding the products’ benefits. The trial court returned a defense verdict on all counts, but denied the petition for attorney fees. The State appealed, and Buchalter was retained to preserve the victory on appeal and to cross-appeal the denial of attorney fees. The Oregon Court of Appeals affirmed the trial court’s judgment in favor of Living Essentials and reversed the trial court’s denial of attorney fees. The Court of Appeals directed the trial court to enter an award of attorney fees to Living Essentials, finding that Oregon Department of Justice and Attorney General were “unjustified” in bringing the suit against Living Essentials.
Michael (Sam) Sandmire led the Buchalter team. Alex Shulman and Danny Lis also contributed greatly to this effort.